by: the Common Constitutionalist

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Yesterday, I posted an article regarding those on the left whining about the lack of a ninth supreme Court justice. You may review it here.

The author of the piece I quoted went so far as to accuse the Republican Senate of being “nothing less than an existential threat to the supreme Court,” for not confirming, or at least voting on Obama’s nominee, Merrick Garland. As if this is their duty to accommodate our beloved president, despite the Constitution making no such assertion.

This is the frustration, or impatience of the left. They can wait no longer to pack the high Court with leftists, giving them the means to finally transform America into the socialist utopia they’ve been dreaming of.

But the frustration of the right always seems to end up back at that dastardly decision, Marbury v. Madison (1803), which was the first U.S. supreme Court case to apply the principle of “judicial review,” giving it the power to void acts of Congress that they feel are in conflict with the Constitution.

Over the years, the Marbury v. Madison decision has seen judicial review morph into the high Court becoming the final arbiter regarding all things – legal, social and cultural.

The federal Courts, including the supreme Court, were not designed, under Article III, to adjudicate everything as they seem to today. The federal courts were set up specifically to deal with federal issues, beyond the scope of State Courts. These issues are described in Article III of the Constitution. read more